Citator on Suit for Recovery
of Dower Amount
1. REHMDIL VS Mst. BIBI Citation: 2023 CLC 994 QUETTA-HIGH-
COURT-BALOCHISTAN Facts: Petitioner contested an ex-parte
judgment on a dower and maintenance suit, claiming he had engaged
counsel but failed to appear. The appeal under the Family Courts Act was
time-barred, and the Trial Court decided based on the available record.
The constitutional petition challenging this was dismissed. Court
Decision: The High Court upheld the Trial Court's decision, emphasizing
the importance of timely legal actions and the validity of the ex-parte
judgment based on the petitioner's earlier admissions.
2. RIFFAT ULLAH VS Mst. HADIA MUSTAFA Citation: 2023 MLD
1237 PESHAWAR-HIGH-COURT Facts: The case involved a dispute
over the quantum of dower. The wife claimed gold ornaments, but the
husband contended a cash payment. The High Court, after considering
evidence, affirmed the dower amount based on the husband's admission
and upheld the dissolution of marriage on grounds of cruelty. Court
Decision: The High Court dissolved the marriage due to the husband's
cruelty, modifying the Appellate Court's decision on maintenance,
granting it from the date of the suit until the wife's Iddat period.
3. SAYYAB KHAN VS Mst. TAYYABA BIBI Citation: 2023 CLC 1344
PESHAWAR-HIGH-COURT Facts: The husband contested a dower
decree, arguing the court wrongly relied on his pre-trial reconciliation
statement. The court held that the Family Court could adopt any
procedure to ascertain the dispute. The husband admitted to possessing
the dower items, leading to the decree's affirmation. Court Decision: The
High Court dismissed the constitutional petition, affirming the Family
Court's reliance on the husband's admission during reconciliation
proceedings for the dower decree.
4. Mst. SAFINA NOOR VS MUHAMMAD AYUB Citation: 2023 CLC
244 PESHAWAR-HIGH-COURT Facts: The wife sought recovery of
various items as dower, including gold ornaments, maintenance, and
dowry articles. The husband disputed the claim, asserting partial payment
and gifting a house. The court, noting evidentiary gaps, dismissed the
constitutional petition. Court Decision: The High Court upheld the
dismissal, emphasizing the wife's failure to prove some aspects of the
dower and the evidentiary gaps in her case.
5. MUHAMMAD FAYYAZ VS ADDITIONAL DISTRICT JUDGE
Citation: 2023 PLD 446 LAHORE-HIGH-COURT-LAHORE Facts:
The case involved the liability of a wakeel (father-in-law) in the
Nikahnama for the payment of dower. The court clarified that a wakeel
can be held responsible under Islamic law, even in the absence of explicit
repudiation. Court Decision: The High Court dismissed the constitutional
petition, affirming the wakeel's liability for the payment of dower
mentioned in the Nikahnama.
6. MUKHTAR AHMAD VS DISTRICT JUDGE Citation: 2023 YLR 193
LAHORE-HIGH-COURT-LAHORE Facts: The case involved a
dispute over prompt and deferred dower mentioned in the Nikah Nama.
The court affirmed the trial court's decision, considering the husband's
reservations about the Nikah Nama. Court Decision: The High Court
upheld the trial court's decision, emphasizing the husband's reservations
about the Nikah Nama and the distinction between prompt and deferred
dower.
7. MUHAMMAD SUQRAT VS ADDITIONAL DISTRICT JUDGE
Citation: 2023 CLC 1285 LAHORE-HIGH-COURT-LAHORE Facts:
The case concerned the execution of a decree for dissolution of marriage
subject to the return of dower. The court held that such a decree was
executable, rejecting the objection raised by the wife. Court Decision: The
High Court allowed the constitutional petition, emphasizing the
executable nature of a decree for dissolution subject to the return of dower.
8. AZMAT JAHAN VS ADDITIONAL DISTRICT JUDGE Citation:
2023 MLD 92 LAHORE-HIGH-COURT-LAHORE Facts: The
petitioner, sister of the deceased, filed a suit for the recovery of dowry
articles. The court held that the Family Court lacked jurisdiction over
inheritance claims, directing the petitioner to approach the Civil Court.
Court Decision: The constitutional petition was dismissed, emphasizing
that inheritance claims did not fall within the Family Court's jurisdiction.
9. Malik MUSAWAR KHAN VS Mst. NADIA YASEEN MALIK
Citation: 2023 PLD 135 ISLAMABAD Facts: The case involved a
dissolution of marriage on grounds of failure to maintain the wife,
entitling her to a decree under the Dissolution of Muslim Marriages Act.
The court emphasized the link between failure to maintain and the
entitlement to outstanding dower.
Court Decision: The court affirmed the entitlement to a decree for
dissolution based on the husband's failure to maintain the wife, linking it
to the recovery of outstanding dower.
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Cases on Legalsearch.pk
